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Government publishes consultation response on bereavement leave proposals

In September 2026, the government announced a new right to bereavement leave for employees who lose a spouse or partner, parent, adult child or sibling. This new day one right will come into effect from April 2027.

The announcement formed part of the government’s response to the consultation on bereavement leave proposals, which sought views on proposals set out in the Employment Rights Bill. 

Employees will qualify for bereavement leave following the death of an immediate family member. This will include a spouse or civil partner, a partner in a committed long-term relationship (whether cohabiting or non-cohabiting), parents, adult children and siblings, including relevant biological, adopted, step and half relationships. Equivalent parental relationships will also be covered where an employee was raised through kinship care or by foster carers. It does not extend to Grandparents, grandchildren, wider relatives, close friends and “chosen family” although these were considered within the consultation.

It was also announced that women and their partners who experience a pregnancy loss before 24 weeks – including miscarriage, terminations and unsuccessful IVF embryo transfers - will be entitled to up to two weeks of unpaid leave.

The consultation focused on details of the new entitlement to leave for bereavement including pregnancy loss and sought views to ensure the final entitlement was balanced for both employers and employees.

Although there is an existing statutory entitlement to Parental Bereavement Leave, this is

limited to parents whose child under 18 has died or who experience a stillbirth after

24 weeks of pregnancy.

Employees can take up to two weeks of leave, based on their average working pattern. Leave can be taken within 56 weeks of the bereavement, and it can be taken in discontinuous, single days. The leave period starts from the date of death or pregnancy loss, or the date of knowledge.

For further information or to discuss how this may affect your business, please get in touch with KKnox@ortolan.com or jjones@ortolan.com 

Posted on 10/13/2026 by Ortolan

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